Madras High Court
Mugesh@Panai vs The State Rep By on 15 September, 2023
Crl.A.(MD).No.776 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2023
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.776 of 2023
Mugesh@Panai ... Appellant /
Accused No.1
Vs.
1.The State Rep by
The Deputy Superintendent of Police,
Sub-Division, Thoothukudi.
2.The Inspector of Police,
South Police Station,
Thoothukudi District.
Crime No.618 of 2022 ... Respondents
/ Complainant
3.Ratha ... 3rd Respondent /
De-facto Complainant
PRAYER : Criminal Appeal filed under Section 14 A (2) of SC/ST
(Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, to call for
the records relating to the order in Cr.M.P.No.722 of 2023 dated 31.07.2023,
on the file of the learned Special Court for Trial of Cases Registered Under
Page 1 of 10
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Crl.A.(MD).No.776 of 2023
SC/ST (POA) Act 1989, Thoothukudi and set aside the same and grant bail
to the appellant by allowing this Criminal Appeal.
For Appellant : Mr.M.Pandian
For Respondents : Mr.M.Muthumanikkam
Government Advocate (Crl.Side)
For R1 & R2
:Ms.K.Abiya,
Legal-Aid-Counsel for R3 (No appearance)
JUDGMENT
This Criminal Appeal has been filed to set aside the impugned
order passed in Crl.M.P.No.722 of 2023 dated 31.07.2023, on the file of the
learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA)
Act, Thoothukudi, and enlarge the appellant on bail in connection with
Crime No.618 of 2022, on the file of the second respondent police.
2.1. According to the prosecution, the appellant and the other
accused said to have committed the offences under Sections 147, 148,
294(b), 324, 307, 302, 506(ii), 109, 120(b) of IPC and Section 3(1)(r), 3(1)
(s), 3(2)(v) of SC/ST (PoA) Amendment Act 2015.
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Crl.A.(MD).No.776 of 2023
2.2. According to the prosecution, before the date and time of
occurrence, the deceased parties said to have torn the flex board installed by
the petitioner's community leader and the same was questioned by the
appellant and other accused. In result, on 13.11.2022 at about 04.30 pm., the
appellant/accused along with the other accused assembled unlawfully and
used filthy language towards the defacto complainant's son and her
deceased husband and murdered the deceased, who belongs to Scheduled
Caste by calling their caste name. During the course of the said quarrel, the
accused along with other accused wrongfully restrained the son of the
deceased and also attempted to murder him. Hence, the second respondent
Police registered a case in Crime No.618 of 2022 against the appellant and
the other accused persons, for the offences under Sections 147, 148, 294(b),
324, 307, 302, 506(ii), 109, 120(b) of IPC, Section 3(1)(r), 3(1)(s), 3(2)(v)
of SC/ST (PoA) Amendment Act. Hence, the petitioner has filed a petition
for bail in Cr.M.P.No.722 of 2023, before the learned Sessions Judge,
Special Court for Trial of cases under SC/ST (PoA) Act, and the same was
dismissed on 31.07.2023. Challenging the same, the appellant has preferred
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Crl.A.(MD).No.776 of 2023
this Criminal appeal.
3. The learned counsel for the appellant would submit that
the the appellant did not involve in any occurrence as alleged by the
prosecution. The appellant neither participated in the occurrence nor related
to the main accused as alleged by the prosecution. Further, he is the
permanent resident and there will not be any chance to abscond and he will
not tamper the prosecution witnesses, if he comes out on bail. Further he
would submit that the learned trial Judge ought to have considered that
when bare perusal of the FIR, it would clearly disclose that on mala fide
intention only, the complaint has been lodged by the defacto complainant.
The petitioner was arrested and remanded to judicial custody from
14.11.2022. Under the said circumstance, he seeks bail to the appellant.
4. The learned Government Advocate (Criminal Side) appearing
for the State would submit that if the appellant/accused No.2 is released on
bail, he will indulge in such offences and there is a chance of threatening the
witnesses; there is also a possibility of absconding without appearing for
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Crl.A.(MD).No.776 of 2023
trial and the appellant has the intention of committing offences continuously
with his friends. Further, he would submit that the defacto complainant and
her son are living under threat and there is every possibility of tampering of
the witnesses and considering the seriousness of the offence, he seeks for
the dismissal of this appeal with confirmation of the order passed by the
Court below.
5. The learned counsel for the defacto complainant reiterated the
submission of the learned Government Advocate (Criminal Side) and
further submitted that there is life threat to the witnesses and hence, she
seeks dismissal of this appeal.
6. This Court considered the rival submissions made on either
side and perused the materials available on record.
7. From the averments, it is seen that in the FIR, the son of the
deceased is said to have damaged the display board placed by the accused
community people. The said motive is developed into an altercation.
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Crl.A.(MD).No.776 of 2023
Consequently, the appellant and other accused said to have assaulted the
deceased with deadly weapons and caused death. They also said to have
assaulted the witnesses and caused injuries to them. The said allegation to
be looked into the trial. In this case, the said altercation does not end with
any law and order problem. Further, the appellant was arrested on
14.11.2022, from that date onwards, he is in District Jail, Peraruni. He has
no previous antecedent. Now the final report also filed, and also considering
the submission of the learned counsel for the appellant that there is no
Presiding Officer in the Special Court, and hence, there is no possibility of
completion of trial at the earliest. Considering the above circumstances and
the period of incarceration, ie., more then 10 months, this Court is inclined
to allow the Criminal Appeal by setting aside the order, dated 02.08.2023
made in Cr.M.P.No.726 of 2023 on the file of the learned Sessions Judge,
Special Court for Trial of Cases registered Under SC/ST (PoA) Act 1989,
Thoothukudi
8. Accordingly, the Criminal Appeal is allowed and the order
dated 31.07.2023 made in Cr.M.P.No.722 of 2023 on the file of the learned
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Crl.A.(MD).No.776 of 2023
Sessions Judge, Special Court for Trial of Cases Registered under SC/ST
(PoA) Act 1989, Thoothukudi is set aside. The appellant is ordered to be
released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) with two sureties, each for a like sum to the
satisfaction of the Special Court for Trial of Cases Registered under SC/ST
(PoA) Act 1989, Thoothukudi, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Special Court for Trial of Cases
Registered under SC/ST (PoA) Act 1989, Thoothukudi, may obtain a copy
of their valid identity card to ensure their identity.
(b) the appellant shall stay at Madurai and report before the
Thallakulam Police Station, daily at 10.30 am, until further orders.
(c) the appellant is directed to appear before the Special Court for
Trial of Cases registered under SC/ST (PoA) Act 1989, Thoothukudi, on the
date of hearing and except for that purpose, he is strictly instructed not to
enter in to the place till the disposal of the trial.
(d) the appellant shall not tamper with evidence or witness either
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Crl.A.(MD).No.776 of 2023
during investigation or trial.
(e) the appellant shall co-operate with the investigation.
(f) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
appellants in accordance with law as if the conditions have been imposed
and the appellant released on bail by the learned Magistrate/Trial Court
himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State
of Kerala [(2005) AIR SCW 5560].
(g) If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
15.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
sbn
Note: Issue order copy on 15.08.2023
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Crl.A.(MD).No.776 of 2023
To
1.The Special Court for Trial of Cases
Registered under SC/ST (PoA) Act 1989, Thoothukudi.
2.1.The Deputy Supreintendent of Police
Thoothukudi Town Sub Division,
Thoothukudi.
3.The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court, Madurai.
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Crl.A.(MD).No.776 of 2023
K.K.RAMAKRISHNAN, J.
sbn
Crl.A.(MD).No.776 of 2023
15.09.2023
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